OK. Time to confess. Following theft of my old banger, MB W123 230TE, I rang somebody who matches buyers and sellers for Mercedes. He said 'I have just the car for you, it's an excellent example just like the one you lost'. (Aren't they always.)
Went to view it wearing my suit, in the dark on a rainy evening (I know, I know, but he was a specialist, and I even said to him I wouldn't normally view a car like this, I didn't even get to see it start from cold... nor to lift the top off the radiator)
It turns out that this particular specimen belonged to him, and he had been driving it (on and off) for 6 weeks. It was registered on the V5 under his trading name.
It was 2 years and 5k since its last service, and it was not the world's best runner, being inclined to idle on 3 cylinders. We discussed this for a time, and he said 'I am sure that it's nothing major, and that it will be easily fixed'. Imagining new leads, plugs, rotor etc. would do the trick I was inclined to agree.
Being carless, and time poor I took it off his hands for £900 which was certainly generous, but I knew that, and that's OK.
Of course, the problem is related to using a litre of oil every 75 miles (see thread in 'Technical'); and is 99% certainly a replacement engine job which will of course cost more than the car is worth - I'm not going to be repairing it on Southwark Bridge, ND - although if I do, perhaps you'll come to help next time you pass! This explains why he was so insistent that I put some more oil into it the moment I picked it up from him, although it was on 'min' and would have been changed last Sunday and I only had 25 miles to do to get home.
Buyer's known purpose was a car that would drive - not a bottom up restoration project; we discussed this. What instead I have is an expensive piece of scrap metal.
Any comeback under SoGA? Misrepresentation Act?
Or do I just wait until 31 January 2005 and write to his Inspector of Taxes and suggest he check where the profit on this car is (paid cash). In fact, no need. I have the receipt that makes no reference to VAT, and I am sure that HMC&E would be interested as he is, otherwise, VAT registered. He can do his best to say that it was a 'private sale' but the V5 was registered under his trading name.
Write out 100 times: I am an idiot; they'll always lie to you; never inspect a car in the dark or wet or when wearing a suit.
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Or do I just wait until 31 January 2005 and write to his Inspector of Taxes and suggest he check where the profit on this car is (paid cash). In fact, no need. I have the receipt that makes no reference to VAT, and I am sure that HMC&E would be interested as he is, otherwise, VAT registered. He can do his best to say that it was a 'private sale' but the V5 was registered under his trading name.
Go fo it - both options, I'd say. He was happy to shaft you. Why no do the same to him?
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I'd rather be un-propshafted, actually... but if I cannot be, then I'd like to give him a propshaft. [slightly surprised, Patently, that it didn't turn into pink fluffy dice...]
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I'm thinking about it. ND
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mapamker,
Have you told the seller of the problem. Wonder what his response was/would be?
By the way did you see this in a post I made on your earlier thread.....
Sorry to hear about the car going. If you have to replace it do you particularly want a W123 estate auto? Just happens a contact has died and his car will be for sale very soon. It's a Nov'90 190E 1.8 manual with genuine 99K and full records. I've looked after it for the past 3yrs plus for two retired owners. It is so genuine would be nice to see it go to someone who appreciates the simplicty and solidity of these older models.
Given that you might need another car soon, and that this very genuine 190 will not be much more cash than the 230 with blown engine, I thought it worth mentioning again.
M.M
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I did tell him, and he said 'I was only trying to help you out; that car's worth spending money on; here's the number of my favourite mechanic' Given that he runs quite a big operation I am surprised he thinks it worth prejudicing his good name for a few hundred. Oh well, that's just increased my total capital/servicing cost of motoring over the last 4 years by 50%.
Has to be a w123 estate, and (as per my usual rule - broken here) it has to be cheap enough to be disposable when it needs a new engine...
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Go and wave this under his nose:
www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
and ask for your money back. As far as I can see he hasn't a leg to stand on (although you did accept the car with rough idle, you had no real way of knowing its thirst for oil). IANAL of course and it might be worth a chat to your local trading standards, but if he had been using it for 6 weeks he MUST have known about the oil consumption problem.
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RichardW
Is it illogical? It must be Citroen....
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PS you could just leave it the same place as you left the last one, and let someone else deal with the problem.....
(sorry, not very helpful, but I couldn't resist!)
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RichardW
Is it illogical? It must be Citroen....
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Thanks Richard, I've been doing exactly that and hoping.... Don't actually have much choice!
Does this apply to second hand goods as well?
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And just for the record for the archive, Citizens Advice Bureaux advice on buying second hand vehicles is at
tinyurl.com/29zw5
and
www.adviceguide.org.uk/secondhand_cars-2.pdf
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M.M.
I would be interested in the 190E . Would you let me know more on 07759816766, thank you.
John
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I'm thinking about it. ND
I was using the word in its intransitive form, not the transitive form.
The latter would of course be objectionable.
;o)
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ND - before you over-react to the word Shaft, may I quote Webster's to you again: (slang) to surprise by unfair or unexpectedly harsh treatment. Nothing offensive there, is there?
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I really am going to have to get the smileys out, aren't I?
Honestly you lot, you don't half rise to the bait!
No Dosh
mailto:Alan_moderator@honestjohn.co.uk
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That's one of the problems with moderating - people expect you will take things seriously!
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M.M.
That 190E sounds interesting! Would you please let me know more on 07759816766. Thank you.
John
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